Agenda - Planning Commission - 01/31/2013 - Special

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Zoning Bulletin December 10, 2012 I Volume 6 I Issue 23 See also: Guggenheim v. City of Goleta, 638 F.3d 1111 (9th Cir. 2010), cert. denied, 131 S. Ct. 2455, 179 L. Ed. 2d 1210 (2011). See also: Manufactured Housing Communities of Washington v. State, 142 Wash. 2d 347, 13 P.3d 183 (2000). Case Note: The Owners brought a facial federal takings claim (i.e., that the ordinances were in- valid on their face, not just as applied). The court said that it was not clear that a facial challenge could be made but assumed, without deciding, that it could. Rezoning —Conditionally permitted use becomes legal nonconforming use After conditions of permit are violated, city revokes conditional use permit and terminates nonconforming use Citation: White v. City of Elk River, 2012 WL 5289878 (Minn. Ct. App. 2012) MINNESOTA (10/29/12)—This case addressed the issue of whether a city could terminate a nonconforming use by revoking a conditional use permit af- ter conditions of the conditional use permit were violated. The Background/Facts: Wapiti Park Campgrounds ("Wapiti Park") oper- ated on approximately 52 acres of property located in Elk River, Minnesota (the "City"). When Wapiti Park opened in 1973, no zoning ordinance governed use of the land. In 1983, the City made campgrounds a conditionally permitted use in the zoning district where Wapiti Park was located. In 1984, the City granted Wapiti Park a conditional use permit with nine conditions, one of which prohibited permanent residents at the campground. In 1988, the City again amended its zoning ordinances, removing campgrounds as a condition- ally permitted use in the zoning district in which Wapiti Park was located. As such, Wapiti Park became a legal, nonconforming use. In 2010, upon the City's investigation of the Wapiti Park property related to an interim -use permit needed for reconstruction of a campground building destroyed by fire, it was discovered that the campground had permanent, year- round residents. The City found that this permanent resident use of the campground violated conditions in the 1984 conditional use permit. Wapiti Park was given several months to show compliance with the conditions of the 1984 conditional use permit. When it failed to do so, the City eventually revoked the 1984 conditional use permit, effective on December 31, 2011. Wapiti Park sued the city. It asked the district court to find that the ©2012 Thomson Reuters 7